Brockett Pointe Shopping Center, Ltd. v. Development Contractors, Inc. , 193 Ga. App. 854 ( 1989 )

Beasley, Judge,

concurring specially.

I concur in the decision but not in the dictum implied in the last paragraph by way of the sentence: “Brockett Pointe does not contend, nor does the record show that a substitute arbitrator could have been chosen from the submitted lists.”

This sentence implies that before AAA could appoint an arbitrator from the Panel, it would first have to try to get one who had not been striken by one of the parties from the submitted lists. We assume that none could have been chosen from those lists.

Rule 13 does not impose such a requirement or precondition to AAA’s choosing one from the whole Panel. It says that if an acceptable arbitrator cannot act, AAA can appoint from “other members” of the Panel, i.e., members other than those on the submitted lists.